Save Time, Money and Angst -- MEET AND CONFER | Resolving Discovery Disputes
Sixteen states and the federal government have statutes that protect collective bargaining or meet and confer rights for 1) only specific occupations (police, fire. Meet and Confer is not the same process as collective bargaining. While the two are somewhat similar it is important to understand a few key differences. the amended rules or are most meet-and-confers generally ineffective confer generally failed to meet the expectations .. All rights reserved.
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Mar 14, The City and Local 39 were parties to a collective bargaining agreement that included a layoff procedure, including a bumping procedure that allowed employees in the Supervising Dispatcher classification to bump downwards to the Dispatcher III, II and I classifications even though these classifications were covered by the SPOA, a different bargaining unit.
In or about AprilCaptain Jacqueline Dowden began meeting with Supervising Dispatchers to identify and redistribute their job duties in anticipation of impending staffing cuts and a reorganization of the department.
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Prior to these meetings, no official notice of layoff or reorganization was given to Local 39 and no Local 39 representative was present during the meetings.
The positions identified for elimination included all seven Supervising Dispatcher positions and those employees were given the option of bumping downward in lieu of being laid off. All seven chose to bump down. The letter also demanded that the City maintain the status quo until there was a chance to meet and confer.
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A meeting was held on June 29,but only "preliminary" matters were discussed. The Administrative Law Judge determined that the transfer of duties in this case was a non-negotiable layoff and not a negotiable decision to transfer work from one classification to another.
The ALJ also determined that Local 39 waived any right to bargain over the negotiable effects of the decision by failing to make a timely request to bargain the effects of the decision to layoff the Supervising Dispatchers. On appeal, the PERB Board stated that whether a party has violated a duty to bargain is subject to the "totality of the circumstances" test.
IC Exemptions; existing agreements Sec. IC Employee rights Sec. IC Election of exclusive recognized representative Sec. The election shall be conducted at least thirty 30 but not more than sixty 60 days after the employer receives the petition.
IC Employer rights Sec. This chapter is not intended to circumscribe or modify the existing right of an employer to: IC Prohibited employer practices Sec.
Meet and Confer Facts
An employer may not do the following: However, an employer may permit employees to meet and confer and represent employee interests during working hours without loss of time or pay. IC Written notice by exclusive recognized representative; employer required to meet and confer Sec.
IC Employer election to meet and confer; termination of duty to meet and confer Sec.Meet and Confer Recording Part 1 2
IC Deficit financing prohibited Sec. An agreement is voidable to the extent that an employer must engage in deficit financing to comply with the agreement. IC No strike participation; employee discharge; loss of right of representation Sec. IC Maximum agreement term Sec.